PITTSBURGH – A Pittsburgh company argued that a Wisconsin couple’s allegations of its reckless conduct, during a series of events which led the wife-plaintiff to fall and suffer a severe leg injury, were ill-founded and unproven.
Debra Veith and Greg Veith of Two Rivers, Wis. first filed suit in the Allegheny County Court of Common Pleas on May 24 versus CCI Historic, Inc. of Dallas, Texas and Village Green Management Company, LLC, of Pittsburgh.
“The events hereinafter set forth occurred on Oct. 6, 2021 at about 7:30 p.m. in Allegheny County, Pennsylvania. At said time and place, there existed a parking garage that was part of a complex known as Albion at Morrow Park, which is located at 5250 Liberty Avenue, Pittsburgh, PA 15224. Defendant CCI owns, operates, maintains, manages and/or controls the parking garage located at 5250 Liberty Avenue, Pittsburgh, PA 15224. The events hereinafter set forth occurred inside the aforementioned parking garage,” the suit said.
“At all times mentioned herein, Chance Prem rented an apartment at Albion at Morrow Park and rented a parking space in the aforesaid parking garage. At said time and place, plaintiff Debra Veith and Dawn Zilles-Prem were visiting Chance. In preparation for their visit, Chance made arrangements for his handicapped mother, Dawn Zilles-Prem, to park her vehicle in a parking space reserved for handicapped visitors within the aforesaid parking garage. At said time and place, plaintiff Debra Veith was a rear passenger in a vehicle owned by plaintiffs and operated by Chance.”
The suit added that the parking space was directly next to an unmarked and unprotected drop-off, which was located close to the rear driver’s side of the vehicle.
“After parking in the space reserved for handicapped visitors within the aforesaid parking garage, plaintiff Debra Veith exited the rear driver’s side of the vehicle. As plaintiff Debra Veith stepped out of the vehicle, she fell over the edge of the drop-off. As a result of the foregoing event, plaintiff Debra Veith sustained a left lower extremity injury and injuries as more fully set forth in her medical records,” the suit stated.
UPDATE
On June 22, Village Green Management Company, LLC filed preliminary objections to the complaint.
“Plaintiffs filed the complaint on May 24, 2022, seeking damages. It is alleged in that complaint that on or about Oct. 6, 2021, the plaintiff sustained injury as a result of falling in a parking garage. In Paragraph 19 of the complaint, there are allegations of recklessness. After making these ‘legal conclusions’, the complaint does not identify any facts which supposedly supports the claim that its actions were reckless or show wanton disregard,” per the objections.
“Moreover, the facts in this complaint are nothing more than bald legal conclusions asserted without a true and factual foundation. The complaint does not contain any facts whatsoever in support of the bare allegations of recklessness and/or wanton conduct in disregard for the rights and safety of others. This pleading must allege facts which demonstrate that the defendant’s conduct was reckless, outrageous, willful or wanton. Failure to merely allege conclusion without facts which, if proven, would amount to no more than ordinary negligence is improper.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits.
The plaintiffs are represented by Michael J. Colarusso of Colarusso & Cohen, in Pittsburgh.
The defendants are represented by Michael R. Harding of Bunker & Ray, plus Kyle T. McGee of Margolis Edelstein, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-006224
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com